§ 27-50-1222 — Nonconsent towing rotation - Heavy-duty motor vehicles - Definitions

(a) A tow facility may participate in a law enforcement program for the rotation of towing and recovery services for unattended heavy-duty motor vehicles if: (1) The tow facility: (A) Is licensed by the Arkansas Towing and Recovery Board as a heavy-duty motor vehicle incident management tow facility; (B) Is current in safety inspections by the Arkansas Highway Police Division of the Arkansas Department of Transportation under the North American Standard Level I Inspection Procedure of the Commercial Vehicle Safety Alliance; and (C) Complies with all other applicable state and federal laws; (2) The tow facility: (A) Owns or has access to the equipment necessary to properly execute the recovery of a heavy-duty motor vehicle and clean-up of a major accident; and (B) Has at least one (1) owner, partner, or employee who has proof of: (i) Training through a nationally recognized towing and recovery program in traffic incident management or on-scene recovery techniques; or (ii) Five (5) or more years of experience in the towing and recovery of heavy-duty motor vehicles; and (3) Each tow facility owner, partner, and employee has completed four (4) hours of Traffic Incident Management Training through a program required by the board. (b) However, a licensed tow facility or tow business that is not licensed as a heavy-duty motor vehicle incident management tow facility may be called upon by a law enforcement agency to assist in the towing and recovery of a heavy-duty motor vehicle: (1) If the response time to the unattended vehicle is of the essence; and (2) A heavy-duty motor vehicle incident management tow facility is not available in the local area. (c) The board may adopt rules to implement this section. (d) As used in this section, "heavy-duty" means having a gross weight of at least thirty-two thousand pounds (32,000 lbs.).

Legislative History

Added by Act 2019, No. 1063,§ 1, eff. 1/1/2020.